Which constitutional authority decides on the disqualification of a Member of State Legislature under the Anti-Defection Law?
Speaker of the Legislative Assembly
Speaker of the Legislative Assembly is correct.
The Anti-Defection Law is contained in the Tenth Schedule of the Constitution, added by the 52nd Amendment Act, 1985. Under Paragraph 6 of the Schedule, any question of disqualification of a member of a House on grounds of defection is decided by the Chairman or Speaker of that House.
So for a Member of a State Legislative Assembly, the Speaker of the Legislative Assembly decides (the Chairman decides for a Legislative Council). In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that the Speaker's decision is subject to judicial review.
The High Court Chief Justice only reviews such decisions judicially; the Governor, on the advice of the Election Commission, decides disqualification under Article 191(1), not for defection; the Election Commission advises in those other cases.
Similar Questions
In November 2021, M. Appavu, the state legislative assembly speaker of which state assembly called for ‘setting a binding timeframe within which bills should be assented, returned or reserved for consideration of the President of India by the Governors’?
In March-April 2021, the state legislative assembly elections were held in four Indian states. Which of the following is NOT one of them?
As on April 2020, who among the following is the Chief Minister of Karnataka?
Who among the following became the Chief Minister of Tamil Nadu in May 2021?
Who among the following proposed 'Mission 5000' to save parliamentary democracy from disrupted and dysfunctional legislatures in August 2021?
In India, during a meeting of the Legislative Assembly or Council, if there is no quorum, it shall be the duty of the ______ to adjourn the House or suspend the meeting.
Who among the following appoints the Governor of State?
Which of the following statements about the powers of the Chief Minister is not correct?
Who has the power to appoint the Chief Minister (CM) of a state in India?
Who acts as the link between the Governor and the State Council of Ministers?
Important Questions from State Government
The term of office of the Governor is
Who is the Chairman of current Legislative Council of Bihar ?
Considering the current administrative divisions of India as of $2024$, how many states currently have a Bicameral Legislature (Vidhan Parishad)?
Chief Minister is appointed under which article of the Constitution of India?
Who among the following is the Deputy Chairman, Rajya Sabha?
